Q: What does the term “noncustodial parent” mean when it is said in reference to a time frame for child’s birthday?
My son’s dad and I share joint legal custody, however, I am the primary custodial parent as our son lives primarily with me, and only goes with his Dad for visitation 2 days out of the week. Our son is 7 years old and will be turning 8 soon. Our custody orders state under the “Holiday Schedule” that the holiday schedule shall take precedence over the regular custodial schedule. It states that the “noncustodial parent shall have the child from 3pm until 6pm.” That is all it says. Who would be the “noncustodial parent” in this instance?
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A:
In the context of your custody order, the term "noncustodial parent" likely refers to the parent who does not have physical custody of the child during the time in question. Based on your description of the custody arrangement, it appears that you are the custodial parent, as your son primarily lives with you. Therefore, his father would likely be considered the noncustodial parent for the purpose of the holiday schedule.
In this case, it sounds like the holiday schedule provides for the noncustodial parent (i.e., your son's father) to have your son in his care from 3pm until 6pm on the holiday in question. It's important to review the custody order carefully and to follow the holiday schedule as written to avoid any confusion or disputes. If you have any questions or concerns about the custody order, you may want to consult with an attorney or mediator to help you navigate the legal process.
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